BIR Revenue Memorandum Order 15-2003
BIR Revenue Memorandum Order 15-2003
BIR Revenue Memorandum Order 15-2003
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
Quezon City
May 8, 2003
REVENUE MEMORANDUM ORDER No. 15-2003
SUBJECT
TO
:
All Internal Revenue Officers and Others Concerned
_____________________________________________________________
___
I.
OBJECTIVES:
This Order is issued to:
1. Simplify documentary requirements and procedures in the
processing, verification/audit and review of tax returns on ONETT.
2. Ensure timely issuance of Certificates Authorizing Registration.
3. Ensure the imposition and collection of the correct tax(es).
4. Establish measures to monitor the processing, review and evaluation
of ONETT cases.
5. Provide sanctions to be imposed for non-compliance by revenue
personnel concerned.
II.
POLICIES:
In order to achieve the above objectives, the following policies shall
be observed:
In case of absence of the duly designated DV, the RDO may designate
a temporary successor until such time that the Regional Director
designates a permanent one.
4. A Regional ONETT Committee (ROC) headed by the Regional Director
with the Chief, Assessment Division, and the Chief, Legal Division as
members, shall resolve all ONETT issues raised and decide on the
recommendation regarding any deviation from the procedures
prescribed in this RMO including reasons peculiar to offices within the
Region.
5. A Regional ONETT Working Committee (ROWC) composed of ROs
from different district offices and representatives from the Assessment
and Legal Divisions shall be created by the Regional Director through
the issuance of a Regional Revenue Special Order (RRSO). The
ROWC shall assist the ROC in the investigation and gathering of
additional information on cases involving ONETT. It shall summarize
all issues for resolution of the ROC. It shall also monitor compliance of
interested parties with the requirement of putting up Escrow Agreement
- Sale of Principal Residence (RMC No. 14 2001 and other related
issuances), and refer non-compliance after the lapse of the eighteenmonth period to the Revenue District Office concerned to initiate
assessment of deficiency CGT, and thereafter, apply the escrowed
bank deposit account against deficiency tax pursuant to RMC No. 452002 and other related issuances.
6. The Schedule of Zonal Values of properties within the jurisdiction of
the Revenue District Office shall be displayed in a conspicuous place
within the district office and all other Zonal Value/s shall be made
available upon request of the taxpayer.
7. The counting of the processing period for ONETT shall commence only
upon receipt of complete documentary requirements and payment of
tax, if any. The next working day shall be counted as Day One.
8. Standard Checklist of Documentary Requirements (Annexes A to A-8)
for each ONETT transaction shall be accomplished in duplicate by the
ONETT Officer and shall be distributed as follows:
Original copy
Duplicate copy
Taxpayer
Docket
a.
b.
c.
d.
e.
TYPE OF TAX
Final Capital Gains Tax
Capital Gains Tax on Stocks
Expanded Withholding Tax
Donors Tax
Documentary Stamp Tax
f. Estate Tax
REQUIRED TIN
Buyer & Seller
Seller/s or Assignor/s
Buyer & Seller
All the Donors
Any one party required
to pay the tax
Estate of the Decedent
Docket
Taxpayer
13. Claim Slip (Annex C) shall be issued to the taxpayer or any of his/her
authorized representative immediately upon receipt of complete
documentary requirements and proof of tax payments, if applicable.
14. Conduct of ocular inspection shall be required under the following
instances:
14.1
14.2
CAR must
be issued
within
30 days
60 days
90 days
120 days
20. The RDO, being the Head of the ONETT Team, shall sign/approve
CAR and Tax Clearance (TCL) for computerized districts. In his
absence, the ARDO may sign the CAR and TCL. However, if the
ARDO is designated as the Head, ONETT Team, the RDO shall sign in
his absence.
21. One (1) CAR per RD shall be issued for real property/ies covered by
the transfer. The last item in the CAR shall be followed by the phrase
x x x NOTHING FOLLOWS x x x.
22. CARs for Estate and Donors tax cases shall cover all properties of the
decedent/donor wherever situated and shall be issued by the Revenue
District Office where the ONETT case is processed. There will be as
many CARs as there are RDs involved in the estate tax case or
donors
27. For transactions with tax payments of less than One Million
(P1,000,000) per case, selective review shall be conducted by the
Assessment Division based on the selection criteria to be specified in a
separate RMO for audit of tax returns or if there is none, the selection
shall be done by the Assessment Division Chief, which is at least 10%
of the dockets submitted on the following cases:
a. real property transactions subject to FCGT; and
b. sale of real properties considered as ordinary assets subject to
EWT;
28. The Revenue District Office shall forward the entire dockets of ONETT
th
cases in batches with issued CARs arranged sequentially every 15
th
and 30 day of the month to the Assessment Division using the
Transmittal List of ONETT Dockets (Annex E). The serial numbers of
all cancelled and lost CARs shall likewise be included in the
Transmittal List.
29. Any deviation from the provisions of this RMO due to reasons peculiar
to a district office shall require prior approval of the Deputy
Commissioner - Operations Group upon recommendation by the ROC.
30. The ONETT taxpayers may choose to file the return and pay the tax
first with the appropriate BIR collection agent before asking for
assistance from the BIR or may opt to ask assistance first before filing
the return. Nonetheless, the required procedures in the issuance of
the CARs shall in all instances be followed.
III.
10
16. Forward to the ROC through the Regional Director all unresolved
ONETT issues for resolution;
17. Act on any adverse findings within 24 hours from the discovery thereof;
and
18. Submit specimen signature to the DV in addition to the specimen
signature submitted to the RD.
C. The ONETT Team shall:
1. Check documents presented by taxpayer and accomplish Checklist of
Documentary Requirements (CDR) (Annex A A-8) in duplicate,
whether documents presented are complete or incomplete. Clarify to
the taxpayer or his/her representative the specific requirements to be
submitted in relation to the ONETT transaction. Verify and validate the
photocopies from the original copies by stamping VERIFIED FROM
THE ORIGINAL and affix initial thereon;
2. Release original copy of the sequentially numbered CDR to the
taxpayer together with the attached documents, if documents
submitted are incomplete. On the other hand, if the documents
submitted are complete, only original CDR shall be released to the
taxpayer;
3. Record in the CDR Logbook (Annex F) the following information based
on the sequentially numbered CDR signed by the ONETT Officer,
whether documents are complete or incomplete:
a. Date
b. CDR No.
c. Name of Transferor and Transferee
d. Tax Type
e. C/I (Complete/Incomplete)
f. Assisted by;
4. File duplicate copies of CDR with incomplete documents and attach to
specific docket upon presentation of complete documents by the
taxpayer;
5. Recommend issuance of LA/AN for approval by Head ONETT Team if
the estate has other related tax liabilities;
6. Recommend conduct of ocular inspection when there is conflict of data
as to existence of improvement in documents presented by the
taxpayer or
11
12
Example:
13
(Annex
I)
all
14
15
16
17
Assessment
Notice
(PAN)/Final
warrant
further
18
19
SANCTIONS:
Any unauthorized deviation from the foregoing policies and
instructions and/or violation of any provision of this Order will result in
the imposition of disciplinary action to the concerned revenue officers
and officials and shall be referred by the concerned Regional Director
thru the ACIR, Assessment Service, to the Inspection Service or any
other Service/Office which has supervision over all the regional offices
for appropriate investigation. In this regard, the relief, reassignment, or
transfer of any revenue official violating any of the provisions and
instructions prescribed in this Order may be recommended to the
Commissioner of Internal Revenue.
V.
TRANSITORY PROVISIONS:
1. All ONETT transactions shall be processed by the ONETT Team
until such time that a permanent ONETT Section is created in the
district office.
2. All pending ONETT cases at the Revenue District Offices shall be
processed in accordance with the provisions of this RMO.
Prescribed audit reports (BIR Form 0500 Series) shall still be
required for ONETT cases covered by TVN/LA and shall be
processed in accordance with this RMO.
3. All pending ONETT cases in the Assessment Division for which
CAR/CL has not been issued shall be processed following the
existing procedures prior to the implementation of this RMO. All
pending ONETT cases at other BIR Offices, e.g. Legal Division,
Assessment Service and Legal Service shall be treated as cases
with incomplete requirements; hence, the prescribed period for the
issuance of CAR
20
REPEALING CLAUSE:
The provisions of RMO No. 53-98, RMO No. 66-99 and other
existing issuances inconsistent herewith are hereby repealed,
amended or modified.
VII.
EFFECTIVITY:
This Order shall take effect immediately and the new procedures shall
be implemented nationwide starting June 1, 2003.
(Original Signed)
GUILLERMO L. PARAYNO, JR.
Commissioner of Internal Revenue
21